Collection agency or lawyer: how to recover an unpaid debt in Morocco
An unpaid invoice, overdue rent, an unrepaid loan: should you hand the claim to a collection agency or to a lawyer? The answer depends on the amount, the age of the debt, whether it is disputed and what you want to achieve. Here is what each can, and cannot, do.
1. What a collection agency can do
A collection agency works mainly in the amicable phase: phone or written reminders, negotiating a settlement, proposing a payment schedule. This can suit an undisputed claim of limited amount when you wish to preserve the business relationship.
Its scope is limited, however: representation and pleading before the courts are in principle reserved to lawyers, and enforcement measures are carried out through court officers such as bailiffs.
2. What a lawyer does
- Send a formal notice (mise en demeure) that fixes the date of the demand and prepares what follows.
- Start the appropriate court proceedings: an injunction to pay where the conditions are met, or a claim for payment.
- Seek interim measures (for example a conservatory attachment) where there is a real risk of insolvency.
- Follow the enforcement of the judgment with the competent court officers.
- Check limitation periods and security (see our article on limitation, in French: Prescription d’un crédit impayé).
3. Quick comparison
| Criterion | Collection agency | Lawyer |
|---|---|---|
| Amicable reminders and negotiation | Yes | Yes |
| Legally structured formal notice | Varies | Yes |
| Court action | No, in principle | Yes |
| Interim measures and enforcement | No, in principle | Yes, with court officers |
| Professional secrecy | Depends on the contract | Yes, guaranteed by law |
| Remuneration | Often a commission on amounts recovered | Fees agreed in writing (see Legal fees) |
4. Points of caution before handing over a claim
5. Which route for which claim
- Undisputed, modest claim, customer to retain: amicable reminder, possibly through a lawyer for a firm formal notice.
- Large, disputed or old claim: involve a lawyer from the start to secure evidence and time limits.
- Debtor likely to dissipate assets: involve a lawyer without delay to consider interim measures.
6. Documents to gather
Contract or purchase order, invoices, statements, signed delivery notes, emails or messages, reminders already sent, and any acknowledgement of debt. The more complete the file, the faster the process. For the steps of a court procedure, see our practical guide to debt collection in Morocco.
Frequently asked questions
Can a collection agency sue on my behalf?
In principle no: representation before the courts is reserved to lawyers. An agency can run the amicable phase.
How much does debt collection cost?
Agencies often charge a commission on sums obtained; a lawyer sets fees in writing before the assignment. Compare terms and additional costs.
Is a lawyer’s formal notice more effective?
It is drafted to produce legal effects and to prepare proceedings. Its effectiveness depends mainly on how solid the claim is.
Can costs be recovered from the debtor?
In some cases certain costs and interest may be claimed in the proceedings. This is checked on the documents with your lawyer.
Maître Jamal Lezbare, Meknes Bar, receives clients by appointment, in French and Arabic. Contact the law firm.
This article is general information for educational purposes. It is not legal advice and does not replace an assessment of your situation by a lawyer. Last updated: 23 September 2026.